PROGRAMS: Air Pollution Control Program

The Division of Environmental Protection (DEP), an operating unit of the Department of Planning and Natural Resources (DPNR), provides regulatory oversight and has authority to implement and enforce air pollution and air quality requirements in the US Virgin Islands (USVI).

This includes laws and requirements under Title V of the Clean Air Act, as well as Virgin Islands Air Pollution Control Act Rules and Regulations (VR&R) (i.e., Title 12, Virgin Islands Code, Chapter 9, and the 1995 Rules and Regulations of the Virgin Islands Air Pollution Control Act).

Under this program, the issuance of Title V permits and activities related to the Title V Program are funded by Title V fees. The Department of Planning and Natural Resources, Division of Environmental Protection (DPNR/DEP) is the agency responsible for administration and management of the Air Pollution Control Program in the US Virgin Islands. Based on this delegation, the US Virgin Islands has developed rules and regulations under the Air Pollution Control Act. 6011. Amendments to the Title 12, Chapter 9 of the Virgin Islands Air Pollution Control Act were approved on January 27, 1995. These amendments resulted in federal approval of the US Virgin Islands' authority to control air pollution according to the mandates of the Federal Clean Air Act Amendments of 1990.

Under the auspices of its Air Pollution Control Program (APC), the DEP is responsible for the following:

Air Quality Monitoring – Weekly particulate matter samples are collected from five (5) monitoring stations in the territory. A local oil refinery, HOVENSA, L.L.C, conducts sulfur dioxide monitoring.

Compliance Monitoring – Annual or more frequent inspections of regulated
facilities are conducted to monitor and determine compliance. DEP also relies on citizen complaints to help identify sources that are not in compliance with local and or federal laws.

Permitting – Permits to construct, install and operate air pollution emission sources are processed and issued to all regulated entities. Facility emission sources that are subject to Title V of the Clean Air Act are classified and referred to as major air pollution sources, based on their annual emission levels.

In consideration of the regulatory requirements imposed on operations at major air pollution sources, the Title V Operating Permit Program is very comprehensive. Permit application processing for major sources is labor-intensive, requiring administrative and technical reviews, as well as site assessments by qualified environmental engineers, public participation and mandatory public hearings.

The DEP has identified eight Title V Facilities with multiple sources of emissions. Seven new air pollution emission sources are anticipated to be added by early 2003. The DEP is currently in the process of issuing five-year operating permits to several qualifying major emission sources. It is anticipated that these permits will be issued by mid-2003. At present, there are more that 525 minor source permits on record in the USVI.

Enforcement – The APC Program utilizes at least four (4) enforcement mechanisms in order to bring sources into compliance, including the issuance of notices of violation, cease and desist orders, notices of deficiencies, and notices of non-compliance. In most cases, administrative orders are issued.

Quality Assurance – To ensure the integrity and quality of air pollution control operations, the APC Program participates in various self-monitoring activities, including quarterly audits by the DEP Quality Assurance Program Coordinator, and equipment flow checks and calibration. In addition, the EPA conducts quarterly audits of the DEP’s state and local monitoring stations (SLAMS) network to evaluate performance with respect to DEP’s compliance with the requirements of the EPA approved Quality Assurance Plan (QAPP) and associated standard operating procedures.

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